Successful Resolution of Complex Civil Rights Case Involving Special Education, Transgender Foster Youth

This case was based on a confluence of circumstances which created the perfect storm. The District placed two foster youth students in an alternative school environment. The students not only qualified for special education services, but also were African-American and transgender. On their first day of school they became involved in a disciplinary incident, which ultimately resulted in a physical altercation between the foster youth students and some parents. District personnel had to physically intervene and expulsion proceedings were initiated against all involved. The situation became more combustible when the disciplinary proceedings against one group of students were dismissed after the manifestation determination process. The students ultimately sued the district under multiple causes of action based on diverse allegations and the plaintiff’s’ multiple protected classifications. Plaintiffs were represented by Legal Services for Children as well as one of the most prestigious San Francisco litigation firms. A Haight partner was able to extricate the District from the litigation using a combination of training, policy revisions, compensatory education and apology memoranda. The District paid no more than $16,000 to settle the matter.